New Zealand Case Law: Decisions & Judgments

Topic

Natural justice

Legal area

Court

21 Dec 2023

ALT NEW ZEALAND LTD v ATTORNEY-GENERAL [2023] NZHC 3855

Citation

[2023] NZHC 3855
Court

High Court

The challenge failed because (1) no statutory duty to consult existed and the targeted consultation undertaken was adequate; (2) no clear unambiguous representation or regular practice gave rise to a legitimate expectation of specific independent expert analysis; (3) the Executive's decision-making fell within the empowering provision of s 84 and the statutory purposes to minimise harm, and the choice of 28.5 mg/mL was a defensible policy balance rather than irrational or ultra vires; therefore the regulation stands and the applicants' grounds fail.
14 Dec 2023

DELIU v ATTORNEY-GENERAL [2023] NZHC 3695

Citation

[2023] NZHC 3695
Court

High Court

Crown Solicitor's lawyers and prosecutors may properly act for Police before and after the Crown's formal assumption of responsibility and s 193 does not prohibit pre-assumption involvement; the Crown's earlier assumption of responsibility was not ultra vires because the statutory scheme and regulations do not render such steps invalid and s 187(5) preserves validity; counsel did not make determinations triggering NZBORA s27 and no breach of natural justice was established; judicial review dismissed.
29 Nov 2023

MITCHELL v ATTORNEY-GENERAL [2023] NZCA 605

Citation

[2023] NZCA 605
Court

Court of Appeal

The Court dismissed the appeal: the IOMS Preliminary Score is not determinative and may be overridden where relevant information (such as conduct on remand) was not captured; consideration of incident reports without convictions did not amount to double counting or denial of natural justice given the reconsideration process; the challenged classification decision is now moot, subsequent unchallenged reviews and release mean no practical effect would follow, and the Court declined in its discretion to hear a moot appeal because the merits were weak and no significant new public law issue was r…
6 Nov 2023

BACH v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2023] NZCA 550

Citation

[2023] NZCA 550
Court

Court of Appeal

The Court held there is no statutory duty in ss 152 or 154 or the Regulations to automatically refer prisoner complaints to police or to mandate prison staff to assist in every case; no determination engaging s 27 NZBORA occurred because the complaint remained under investigation and no final decision not to involve police was made; the internal investigation was conducted fairly and within a reasonable timeframe though reg 165(1)(b) monthly notification obligations were breached; appeal dismissed.
31 Oct 2023

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA LTD v ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH-BASED INSTITUTIONS [2023] NZHC 3031

Citation

[2023] NZHC 3031
Court

High Court

The application for judicial review was dismissed. The Court held the Royal Commission's broad, purposive interpretation of "in the care of faith-based institutions" (including informal or pastoral care relationships) was open and lawful; Minutes 16 and 29 did not unlawfully expand the Terms of Reference; the Amendment Order was lawfully made by the Governor-General in Council under the prerogative and Inquiries Act and was not retrospective in effect; the NZBORA and discrimination challenges failed; and judicial restraint required non-interference with the Commission's ongoing inquiries abse…
26 Oct 2023

PETERSEN & ORS v KĀPITI COAST DISTRICT COUNCIL & ANOR [2023] NZHC 2994

Citation

[2023] NZHC 2994
Court

High Court

The application is dismissed because the council had no legal obligation to proactively publish the limited notification decision to the entire public; the decision was perfected when communicated to the persons identified as affected; the council correctly applied the distinct s95A and s95B/95E thresholds and reasonably concluded traffic effects were not at the threshold requiring further notification; ecological material did not establish a likely different consent outcome, so relief setting aside the consent was not warranted.
18 Oct 2023

WHANGAPOUA BEACH COMMUNITY ASSOCIATION v THAMES-COROMANDEL DISTRICT COUNCIL [2023] NZHC 2899

Citation

[2023] NZHC 2899
Court

High Court

The Environment Court erred in law by concluding it lacked jurisdiction to alter the mapping of Natural Character overlays despite having exercised s293 powers in Vernon to address Coastal Environment Line and Natural Character mapping; that jurisdictional error was material because failure to identify and map Natural Character areas could materially affect whether the Structure Plan gives effect to the NZCPS and Waikato RPS and whether adverse effects must be avoided; by contrast the Court correctly found it lacked jurisdiction to extend the ONFL mapping and did not err in its factual assess…
10 Oct 2023

DFT v MANUKAU FAMILY COURT AND ORS [2023] NZHC 2840

Citation

[2023] NZHC 2840
Court

High Court

The children were not 'detained' for the purposes of the Habeas Corpus Act because they were living with their father pursuant to valid Family Court orders; restrictions inherent in Family Court care orders do not amount to close custody or detention under the Act, and the Family Court is the appropriate forum to determine complex care matters, therefore habeas corpus relief is unavailable and the application is dismissed.
3 Oct 2023

TE RŪNANGA O NGĀI TAHU v TE OHU KAI MOANA TRUSTEE LTD [2023] NZHC 2763

Citation

[2023] NZHC 2763
Court

High Court

Plaintiff reasonably commenced proceedings given uncertainty as to the Minister's written position, and the subsequent introduction of the Amendment Bill maintaining population-based distribution was a supervening event that obviated the need for the proceedings; however because the plaintiff did not immediately discontinue after that event and sought a stay instead, the presumption in r 15.23 was not fully displaced and the Second Defendant is entitled to costs on a 2B basis for the period from 22 December 2022 until discontinuance on 1 March 2023; award fixed at $6,453.00.
2 Oct 2023

REAY v INSTITUTION OF PROFESSIONAL ENGINEERS NEW ZEALAND INCORPORATED [2023] NZHC 2750

Citation

[2023] NZHC 2750
Court

High Court

The Disciplinary Committee provided sufficient particulars and documentary material to satisfy natural justice; delay to date has not caused material prejudice preventing a fair hearing; public interest in professional accountability permits the disciplinary process to proceed, so judicial review relief is declined.